Can A Divorce Lawyer Ask About Sexual Activity In A Deposition?

By Robin Roshkind, Esquire, West Palm Beach, Florida

The divorce lawyer can ask just about anything in a deposition and the opposing lawyer just has to sit there and take it while the client answers.

Lawyers cannot advise clients to not answer deposition questions, unless they are objecting to the form of the question or to accuse the lawyer of harassment. In those instances, the specific question can be marked by the court reporter taking down the testimony, and the asking attorney can summon the judge on the case to decide whether or not the deponent has to answer the question. In Palm Beach County, Florida, this is normally done on the spot by telephone to the judge for a ruling, or if the judge is unavailable, by motion and hearing. If a hearing is necessary, the deposition will be continued to another time.

Deposition testimony is often used in the courtroom to either verify or contradict courtroom testimony. They are an integral part of any trial. For more information on this or other divorce topics, call the Family Law Offices of ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at www.familylawwpb.com for more information.

Deposition questions in divorce are usually about finances, companies, relationships, drug or alcohol use, anything that is probative to the issues in the divorce case. Behavior, records, financial affidavits all come into question.